Statements in Criminal Cases

Question 1

Generally, oral statements of the D in a criminal case are inadmissible to show guilt. What are exceptions?

Answer 1

1. In court statemetn
2. Oral statement if it was the D’s impulsive response to the excitment of the offense/arrest
3. Corroborated by subsequent evidence

Question 2

Can a conviction rest upon a confession alone?

Answer 2

No. Corroborating evidence must be presented that tends to show the corpus delecti (the criminal act)

Question 3

Can corroboration rest on accomplice’s testimony?

Answer 3

NO. must be supported with independent evidecne tending to connect the D with the crime.
Exceptions - Gambling and prostitution

Question 4

Can corroboration of testimony of victims of sexual offenses rest?

Answer 4

1. No, expect if report was made within 1 year of sexual assault
2. Victim was 17 and under OR 65 and older at time of offense
3. Victim was 18 years of age or older, but unable to satisfy need for food/shelter/medical care, or protection from harm at the time of the offense.